THE DELHI RENT CONTROL ACT, 1958 
_________ 

ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement.  
2.  Definitions. 
3.  Act not to apply to certain premises. 

CHAPTER II 
PROVISIONS REGARDING RENT 

4.  Rent in excess of standard rent not recoverable. 
5.  Unlawful charges not to be claimed or received. 
6.  Standard rent. 

6A. Revision of rent. 

   7.  Lawful increase of standard rent in certain cases and recovery of other charges. 

8.  Notice of increase of rent. 

9.  Controller to fix standard rent, etc. 

10.  Fixation of interim rent. 

11.   Limitation of liability of middlemen. 

12.   Limitation for application for fixation of standard rent. 

13.  Refund of rent, premium, etc., not recoverable under the Act. 

CHAPTER III 

CONTROL OF EVICTION OF TENANTS 

14. Protection of tenant against eviction. 

14A. Right to recover immediate possession of premises to accrue to certain persons. 

14B. Right to recover immediate possession of premises to accrue to members of the armed forces, etc. 

14C. Right to recover immediate possession of premises to accrue to Central Government and Delhi 

Administration employees. 

14D. Right to recover immediate possession of premises to accrue to a widow. 

15.   When a tenant can get the benefit of protection against eviction. 

16.   Restrictions on sub-letting. 

17.   Notice of creation and termination of sub-tenancy. 

18.   Sub-tenant to be tenant in certain cases. 

19.   Recovery of possession for occupation and re-entry.  

20.  Recovery of possession for repairs and re-building and re-entry. 

21.   Recovery of possession in case of tenancies for limited period. 

22.   Special provision for recovery of possession in certain cases. 

23.  Permission to construct additional structures. 

1 

 
 
 
 
SECTIONS 

24.   Special provision regarding vacant building sites. 

25.  Vacant possession to landlord. 

CHAPTER IIIA 

SUMMARY TRIAL OF CERTAIN APPLICATIONS 

25A.  Provisions of this chapter to have overriding effect. 

25B. Special  procedure  for  the  disposal  of  applications  for  eviction  on  the  ground  of  bona  fide 

requirement. 

25C. Act to have effect in a modified form in relation to certain persons. 

CHAPTER IV 

DEPOSIT OF RENT 

26.   Receipt to be given for rent paid. 

27.  Deposit of rent by the tenant. 

28.  Time limit for making deposit and consequences of incorrect particulars in application for deposit. 

29.   Saving as to acceptance of rent and forfeiture of rent in deposit. 

CHAPTER V 

HOTELS AND LODGING HOUSES 

30.  Application of the Chapter. 

31.  Fixing of fair rate. 

32.  Revision of fair rate. 

33.  Charges in excess of fair rate not recoverable. 

34.  Recovery of possession by manager of a hotel or the owner of a lodging house. 

APPOINTMENT OF CONTROLLERS AND THEIR POWERS AND FUNCTIONS AND APPEALS 

35.  Appointment of Controllers and additional Controllers. 

CHAPTER VI 

36.   Powers of Controller. 

37.   Procedure to be followed by Controller. 

38.   Appeal to the Tribunal. 

38A. Additional Rent Control Tribunals. 

38B.  Power of High Court to transfer appeals, etc. 

39.   [Omitted.]. 

2 

 
 
 
 
 
 
 
 
SECTIONS 

40.  Amendment of orders. 

41.  Controller to exercise powers of a magistrate for recovery of fine. 

42.  Controller to exercise powers of civil court for execution of other orders. 

43.  Finality of order. 

PROVISIONS REGARDING SPECIAL OBLIGATIONS OF LANDLORDS AND PENALTIES 

CHAPTER VII 

44.   Landlord’s duty to keep the premises in good repair. 

45.  Cutting off or withholding essential supply or service. 

46.  Landlord’s duty to give notice of new construction to Government. 

47.  Leases of vacant premises to Government. 

48.   Penalties. 

49.  Cognizance of offences. 

CHAPTER VIII 

MISCELLANEOUS 

50.    Jurisdiction of civil courts barred in respect of certain matters. 

51.    Controllers to be public servants. 

52.    Protection of action taken in good faith. 

53.    [Repealed.]. 

54.    Saving of operation of certain enactments. 

55.    Special provision regarding decrees affected by the Delhi Tenants (Temporary Protection)                

Act, 1956. 

56.    Power to make rules. 

57.    Repeal and savings. 

THE FIRST SCHEDULE.  

THE SECOND SCHEDULE. 

THE THIRD SCHEDULE. 

3 

 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
 
 
THE DELHI RENT CONTROL ACT, 1958 

ACT NO. 59 OF 1958 

[31st December, 1958.] 

An Act to provide for the control of rents and evictions and of rates of hotels and lodging houses, and for 

the lease of vacant premises to Government, in certain areas in the Union territory of Delhi. 

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Delhi Rent Control Act, 

1958. 

(2) It extends to the areas included within the limits of the New Delhi Municipal Committee and the 
Delhi Cantonment Board and to such urban areas within the limits of the Municipal Corporation of Delhi 
as are specified in the First Schedule: 

Provided that the Central Government may, by notification1 in the Official Gazette, extend this Act or 
any provision thereof, to any other urban area included within the limits of the Municipal Corporation of 
Delhi of exclude any area from the operation of this Act or any provision thereof. 

(3) It shall come into force on such date2 as the Central Government may, by notification in the Official 

Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “basic rent”, in relation to premises let out before the 2nd day of June, 1944, means the basic rent 

of such premises as determined in accordance with the provisions of the Second Schedule; 

(b)  “Controller”  means  a  Controller  appointed  under  sub-section  (1)  of  section  35  and  includes  an 

additional Controller appointed under sub-section (2) of that section; 

(c)  “fair  rate”  means  the  fair  rate  fixed  under  section  31  and  includes  the  rate  as  revised  under                   

section 32; 

(d) “hotel or lodging house” means a building or part of a building where lodging with or without board 

or other services is provided for a monetary consideration; 

(e) “landlord” means a person who, for the time being is receiving, or is entitled to receive, the rent of 
any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other 
person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be 
entitled to receive the rent, if the premises were let to a tenant; 

(f) “lawful increase” means an increase in rent permitted under the provisions of this Act; 

(g) “manager of a hotel” includes any person in charge of the management of the hotel; 

(h) “owner of a lodging house” means a person who receives or is entitled to receive whether on his 
own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary 
consideration from any person on account of board, lodging or other services provided in the lodging house; 

(i) “premises” means any building or part of a building which is, or is intended to be, let separately for 

use as a residence or for commercial use or for any other purpose, and includes,— 

1.  Extended to the former Najafgarh and Narela N.A.C. areas and to other notified localities vide Notification No. G.S.R. 486, 

dated 12.4.1962, Gazette of India, Pt. II, s. 3(i) page 449. 

2. 9th February, 1959, vide Notification No. S.O. 269, dated 31-1-1959, Gazette of India, pt. II, Sec. 3(ii), p. 331. 

4 

 
 
                                                           
 
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building; 

(ii) any furniture supplied by the landlord for use in such building or part of the building;  

but does not include a room in a hotel or lodging house;  

(j) “prescribed” means prescribed by rules made under this Act; 

(k) “standard rent”, in relation to any premises, means the standard rent referred to in section 6 or where 

the standard rent has been increased under section 7, such increased rent; 

1[(l) “tenant” means any person by whom or on whose account or behalf the rent of any premises is, or, 

but for a special contract, would be, payable, and includes— 

(i) a sub-tenant; 

(ii) any person continuing in possession after the termination of his tenancy; and  

(iii) in the event of the death of the person continuing in possession after the termination of his 
tenancy, subject to the order of succession and conditions specified, respectively, in Explanation I and 
Explanation II to this clause, such of the aforesaid person’s— 

(a) spouse, 

(b) son or daughter, or, where there are both son and daughter, both of them, 

(c) parents, 

(d) daughter-in-law, being the widow of his pre-deceased son, 

as had been ordinarily living in the premises with such person as a member or members of his family up to 
the date of his death, but does not include,— 

(A) any person against whom an order or decree for eviction has been made, except where such decree 
or  order  for eviction is  liable to be re-opened  under the proviso  to  section 3  of  the  Delhi  Rent  Control 
(Amendment) Act, 1976 (18 of 1976); 

(B)  any  person 

to  whom  a 

licence,  as  defined  by section  52 of 

the  Indian  Easements                                               

Act, 1882 (5 of 1882), has been granted. 

Explanation I.—The order of succession in the event of the death of the person continuing in possession 

after the termination of his tenancy shall be as follows:— 

(a) firstly, his surviving spouse; 

(b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did 

not ordinarily live with the deceased person as a member of his family up to the date of his death; 

(c) thirdly, his parents, if there is no surviving spouse, son or daughter of the deceased person, or if 
such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member 
of the family of the deceased person up to the date of his death; and 

(d) fourthly,  his  daughter-in-law,  being  the  widow  of  his  pre-deceased  son,  if  there is  no  surviving 
spouse,  son,  daughter  or  parents  of  the  deceased  person,  or  if  such  surviving  spouse,  son,  daughter  or 
parents, or any of them, did not ordinarily live in the premises as a member of the family of the deceased 
person up to the date of his death. 

Explanation II. —If the person, who acquires, by succession, the right to continue in possession after 
the termination of the tenancy, was not financially dependent on the deceased person on the date of his 
death, such successor shall acquire such right for a limited period of one year; and, on the expiry of that 
period, or on his death, whichever is earlier, the right of such successor to continue in possession after the 
termination of the tenancy shall become extinguished. 

Explanation III.—For the removal of doubts, it is hereby declared that,— 

1.  Subs. by Act 18 of 1976, s. 2, for clause (l) (w.e.f. 1-12-1975). 

5 

 
                                                           
(a) where, by reason of Explanation II, the right of any successor to continue in possession after the 
termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other 
successor of the same category to continue in possession after the termination of the tenancy; but if there is 
no other successor of the same category, the right to continue in possession after the termination of the 
tenancy shall not, on such extinguishment, pass on to any other successor, specified in any lower category 
or categories, as the case may be; 

 (b)  the  right  of  every  successor,  referred  to  in  Explanation  I,  to  continue  in  possession  after  the 
termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve 
on any of his heirs;] 

(m) “urban area” has the same meaning as in the Delhi Municipal Corporation Act, 1957 (66 of 1957). 

3. Act not to apply to certain premises.—Nothing in this Act shall apply— 

(a) to any premises belonging to the Government; 1*** 

(b) to any tenancy or other like relationship created by a grant from the Government in respect of the 

premises taken on lease, or requisitioned, by the Government: 

2[Provided  that  where  any premises  belonging  to  Government  have  been  or are  lawfully  let by  any 
person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, 
decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy]. 

 3[(c) to any premises, whether residential or not, whose monthly rent exceeds three thousand and five 

hundred rupees; or 

(d) to any premises constructed on or after the commencement of the Delhi Rent Control (Amendment) 

Act, 1988, for a period of ten years from the date of completion of such construction;] 

CHAPTER II 

PROVISIONS REGARDING RENT 

4. Rent in excess of standard rent not recoverable.—(1) Except where rent is liable to periodical 
increase  by  virtue  of  an  agreement  entered  into  before  the  1st  day  of  January,  1939,  no  tenant  shall, 
notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any 
premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase 
of the standard rent in accordance with the provisions of this Act. 

(2) Subject to the provisions of sub-section (1) any agreement for the payment of rent in excess of the 

standard rent shall be construed as if it were an agreement for the payment of the standard rent only. 

5. Unlawful charges not to be claimed or received.—(1) Subject to the provisions of this Act, no 
person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the 
contrary. 

(2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy 

of any premises,— 

(a)  claim  or  receive  the  payment  of  any  sum  as  premium  or  pugree  or  claim  or  receive  any 

consideration whatsoever, in cash or in kind, in addition to the rent; or 

(b) except with the previous permission of the Controller, claim or receive the payment of any sum 

exceeding one month's rent of such premises as rent in advance. 

(3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the 
tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or 
assignment of his tenancy or sub-tenancy, as the case may be, of any premises. 

(4) Nothing in this section shall apply— 

1. The word “or” omitted by Act 57 of 1988, s. 2 (w.e.f. 1-12-1988). 
2. Added by Act 4 of 1963, s. 2 (with retrospective effect). 
3. Ins. by Act 57 of 1988, s. 2 (w.e.f. 1-12-1988). 

6 

 
                                                           
(a) to any payment made in pursuance of an agreement entered into before the 1st day of January, 

1939; or 

(b)  to  any  payment  made  under  an  agreement  by  any  person  to  a  landlord  for  the  purpose  of 
financing the construction of the whole or part of any premises on the land belonging to, or taken on 
lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that 
person the whole or part of the premises when completed for the use of that person or any member of 
his family: 

Provided that such payment does not exceed the amount of agreed rent for a period of five years of the 

whole or part of the premises to be let to such person. 

Explanation.—For the purposes of clause (b) of this sub-section, a “member of the family” of a person 
means, in the case of an undivided Hindu family, any member of the family of that person and in the case 
of any other family, the husband, wife, son daughter, father, mother, brother, sister or any other relative 
dependent on that person. 

6. Standard rent.—(1) Subject to the provisions of sub-section (2), “standard rent”, in relation to any 

premises means— 

(A) in the case of residential premises— 

(1) where such premises have been let out at any time before the 2nd day of June, 1944,— 

(a) if the basic rent of such premises per annum does not exceed six hundred rupees, the 

basic rent; or 

(b) if the basic rent of such premises per annum exceeds six hundred rupees, the basic rent 

together with ten per cent. of such basic rent; 

(2)  where  such  premises  have  been  let  out  at  any  time  on  or  after  the  2nd  day  of                               

June, 1944,— 

(a)  in  any  case  where  the  rent  of  such  premises  has  been  fixed  under  the  Delhi  and                             

Ajmer-Merwara Rent Control Act, 1947 (19 of 1947), or the Delhi and Ajmer Rent Control Act, 
1952 (38 of 1952),— 

(i) if such rent per annum does not exceed twelve hundred rupees, the rent so fixed; or 

(ii) if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with 

ten per cent. of such rent; 
(b)  in  any  other  case,  the  rent  calculated  on  the  basis  of  1[ten  per  cent.]  per  annum  of  the 
aggregate amount of the 2[actual] cost of construction and the market price of the land comprised 
in the premises on the date of the commencement of the construction; 
 3* 
(B) in the case of premises other than residential premises— 

* 

* 

* 

(1) where the premises have been let out at any time before the 2nd day of June, 1944, the basic 

rent of such premises together with ten per cent. of such basic rent: 

Provided  that  where  the  rent  so  calculated  exceeds  twelve  hundred  rupees  per  annum,  this 
clause shall have effect as if for the words “ten per cent.”, the words “fifteen per cent.” had been 
substituted; 

(2) where the premises have been let out at any time on or after the 2nd day of June, 1944,— 

(a) in any case where the rent of such premises has been fixed under the Delhi and Ajmer-
Merwara Rent Control Act, 1947 (19 of 1947) or the Delhi and Ajmer Rent Control Act, 1952 (38 
of 1952),— 

(i) if such rent per annum does not exceed twelve hundred rupees, the rent so fixed; or 

1. Subs. by Act 57 of 1988, s. 3, for “seven and one-half per cent.” (w.e.f. 1-12-1988). 
2. Subs. by s. 3, ibid., for “Reasonable” (w.e.f. 1-12-1988). 
3. Proviso omitted by s. 3, ibid. (w.e.f. 1-12-1988). 

7 

 
 
 
 
 
 
 
  
 
                                                           
(ii) if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with 

fifteen per cent. of such rent; 

(b)  in  any  other  case,  the  rent  calculated  on  the  basis  of  1[ten  per  cent.]  per  annum  of  the 
aggregate amount of the 2[actual] cost of construction and the market price of the land comprised 
in the premises on the date of the commencement of the construction: 

3[* 

     * 

           *  

             *] 

(2) Notwithstanding anything contained in sub-section (1),— 

(a) in the case of any premises, whether residential or not, constructed on or after the 2nd day of 
June, 1951, but before the 9th day of June, 1955, the annual rent calculated with reference to the rent 
at which the premises were let for the month of March, 1958, or if they were not so let, with reference 
to the rent at which they were last let out, shall be deemed to be the standard rent for a period of seven 
years from the date of the completion of the construction of such premises; 

4[* 

    * 

* 

*] 

(b) in the case of any premises, whether residential or not, constructed on or after the 9th day of 
June,  1955,  including  premises  constructed  after  the  commencement  of  this  Act  5[but  before  the 
commencement of the Delhi Rent Control (Amendment) Act, 1988],  the annual rent calculated with 
reference to the rent agreed upon between the landlord and the tenant when such premises were first let 
out shall be deemed to be the standard rent for a period of five years from the date of such letting out. 

5[(c)  in  the  case  of  any  premises,  whether  residential  or  not,  constructed  on  or  after  the 
commencement of the Delhi Rent Control (Amendment) Act, 1988 and to which the provisions of this 
Act are made applicable by virtue of clause (d) of section 3, the rent calculated on the basis of ten per 
cent. per annum of the aggregate amount of the actual cost  of construction of the premises and the 
market price of the land comprised in the premises on the date of commencement of the construction, 
of the premises shall be deemed to be the standard rent.] 

(3) For the purposes of this section, residential premises include premises let out for the purposes of a 

public hospital, an educational institution, a public library, reading room or an orphanage. 

6[6A. Revision of rent.—Notwithstanding anything contained in this Act, the standard rent, or, where 
no standard rent is fixed under the provisions of this Act in respect of any premises, the rent agreed upon 
between the landlord and the tenant, may be increased by ten per cent. every three years.] 

7. Lawful increase of standard rent in certain cases and recovery of other charges.—(1) Where a 
landlord has at any time, before the commencement of this Act with or without the approval of the tenant 
or after the commencement of this Act with the written approval of the tenant or of the Controller, incurred 
expenditure for any improvement, addition or structural alteration in the premises, not being expenditure 
on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, 
addition or alteration has not been taken into account in determining the rent of the premises, the landlord 
may lawfully increase the standard rent per year by an amount not exceeding 7[ten per cent.] of such cost. 

(2) Where a landlord pays in respect of the premises any charge for electricity or water consumed in 
the  premises  or  any  other  charge  levied  by  a  local  authority  having  jurisdiction  in  the  area  which  is 
ordinarily payable by the tenant, he may recover from the tenant the amount so paid by him; but the landlord 
shall not recover from the tenant whether by means of an increase in rent or otherwise the amount of any 
tax on building or land imposed in respect of the premises occupied by the tenant: 

1. Subs. by Act 57 of 1988, s.  3, for “seven and one-half per cent.” (w.e.f. 1-12-1988). 
2. Subs. by s. 3, ibid., for “Reasonable” (w.e.f. 1-12-1988). 
3. Proviso omitted by s.  3, ibid., (w.e.f. 1-12-1988). 
4. Proviso omitted by s. 3, ibid., (w.e.f. 1-12-1988). 
5. Ins. by s. 3, ibid. (w.e.f. 1-12-1988). 
6. Ins. by s. 4, ibid.  (w.e.f. 1-12-1988). 
7. Subs. by s. 3, ibid., for “seven and one-half per cent.” (w.e.f. 1-12-1988). 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
Provided that  nothing  in this  sub-section  shall  affect  the  liability  of  any  tenant  under an  agreement 
entered into before the 1st day of January, 1952, whether express or implied, to pay from time to time the 
amount of any such tax as aforesaid. 

8. Notice of increase of rent.—(1) Where a landlord wishes to increase the rent of any premises, he 
shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful 
under this Act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry 
of thirty days from the date on which the notice is given. 

(2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and 

given in the manner provided in section 106 of the Transfer of Property Act, 1882 (4 of 1882). 

9. Controller to fix standard rent, etc.—(1) The Controller shall, on an application made to him in 

this  behalf,  either  by  the  landlord  or  by  the  tenant,  in  the  prescribed  manner,  fix  in  respect  of  any                    
premises— 

(i) the standard rent referred to in section 6; or 

(ii) the increase, if any, referred to in section 7. 

(2) In fixing the standard rent of any premises of the lawful increase thereof, the Controller shall fix an 
amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and 
the circumstances of the case: 

1 [Provided that in working out the cost of construction of any premises or the market price of the land 
comprised in such premises for the purposes of section 6, or the cost of improvement, addition or alteration 
referred  to  in  section  7,  the  Controller  may  take  the  assistance  of  any  valuer  approved  by  the  Central 
Government in accordance with such rules as may be prescribed and the assessment shall be made by such 
valuer in the manner prescribed.] 

(3) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Controller 

may also fix the standard rent of the part sub-let. 

(4)  Where  for  any  reason  it  is  not  possible  to  determine  the  standard  rent  of  any  premises  on  the 
principles set forth under section 6, the Controller may fix such rent as would be reasonable having regard 
to the situation, locality and condition of the premises and the amenities provided therein and where there 
are similar or nearly similar premises in the locality, having regard also to the standard rent payable in 
respect of such premises. 

(5) The standard rent shall in all cases be fixed for a tenancy of twelve months: 

Provided that where any premises are let or re-let for a period of less than twelve months, the standard 
rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy 
bears to twelve months. 

(6) In fixing the standard rent of any premises under this section, the Controller shall fix the standard 
rent thereof in an unfurnished state and may also determine an additional charge to be payable on account 
of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such 
additional charge from the tenant. 

(7) In fixing the standard rent of any premises under this section, the Controller shall specify a date 

from which the standard rent so fixed shall be deemed to have effect: 

Provided that in no case the date so specified shall be earlier than one year prior to the date of the filing 

of the application for the fixation of the standard rent. 

10. Fixation of interim rent.—If an application for fixing the standard rent or for determining the 
lawful increase of such rent is made under section 9, the Controller shall, as expeditiously as possible, make 
an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord 
pending final decision on the application and shall appoint the date from which the rent or lawful increase 
so specified shall be deemed to have effect. 

1. Ins. by Act 57 of 1988, s. 6 (w.e.f. 1-12-1988). 

9 

 
                                                           
11. Limitation of liability of middlemen.—No collector of rent or middleman shall be liable to pay 
to his principal, in respect of any premises, any sum by way of rental charges which exceeds, the amount 
which he is entitled under this Act to realise from the tenant or tenants of the premises. 

12. Limitation for application for fixation of standard rent.—Any landlord or tenant may file an 
application  to  the  Controller  for  fixing  the  standard  rent  of  the  premises  or  for  determining  the  lawful 
increase of such rent,— 

(a) in the case of any premises which were let, or in which the cause of action for lawful increase of 

rent arose, before the commencement of this Act, within two years from such commencement; 

(b) in the case of any premises let after the commencement of this Act  1[but before the commencement 

of the Delhi Rent Control (Amendment) Act, 1988],— 

(i) where the application is made by the landlord, within two years from the date on which the 

premises were let to the tenant against whom the application is made; 

(ii)  where  the  application  is  made  by  the  tenant,  within  two  years  from  the  date  on  which  the 

premises were let to that tenant; 2[and] 

(c) in the case of any premises in which the cause of action of lawful increase of rent arises after the 

commencement of this Act within two years from the date on which the cause of action arises; 2[and] 

1[(d) in the case of any premises referred to in clause (c) of sub-section (2) of section 6, within two 

years from the date of such application:] 

Provided that the Controller may entertain the application after the expiry of the said period of two 
years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in 
time. 

13.  Refund  of  rent,  premium,  etc.,  not  recoverable  under  the  Act.—Where  any  sum  or  other 
consideration has been paid, whether before or after the commencement of this Act, by or on behalf of a 
tenant to a landlord, in contravention of any of the provisions of this Act or of the Delhi and Ajmer Rent 
Control Act, 1952 (38 of 1952), the Controller may, on an application made to him within a period of one 
year from the date of such payment, order the landlord to refund such sum or the value of such consideration 
to the tenant or order adjustment of such sum or the value of such consideration against the rent payable by 
the tenant. 

CHAPTER III 

CONTROL OF EVICTION OF TENANTS 

14. Protection of tenant against eviction.—(1) Notwithstanding anything to the contrary contained in 
any other law or contract, no order or decree for the recovery of possession of any premises shall be made 
by any court or Controller in favour of the landlord against a tenant: 

Provided that the Controller may, on an application made to him in the prescribed manner, make an 

order  for  the  recovery  of  possession  of  the  premises  on  one  or  more  of  the  following  grounds  only,                
namely:— 

(a)  that  the  tenant  has  neither  paid  nor  tendered  the  whole  of  the  arrears  of  the  rent  legally 
recoverable from him within two months of the date on which a notice of demand for the arrears of rent 
has been served of him by the landlord in the manner provided in section 106 of the Transfer of Property 
Act, 1882 (4 of 1882); 

1. Ins. by Act 57 of 1988, s. 7 (w.e.f. 1-12-1988). 
2. Clause (d) has been ins. by s. 7 ibid. As a result of this insertion the word “and” of the end of sub-clause (ii) of clause (b) 
ought to have been omitted and added at the end of clause (c), which has been done by Act 57 of 1988. The irregularity has 
set right. (Ed.) 

10 

 
                                                           
(b) that the tenant has, on or after the 9th day of June, 1952, sub-let, assigned or otherwise parted 
with the possession of the whole or any part of the premises without obtaining the consent in writing 
of the landlord; 

(c) that the tenant has used the premises for a purpose other than that for which they were let— 

(i) if the premises have been let on or after the 9th day of June, 1952, without obtaining the 

consent in writing of the landlord; or 

(ii) if the premises have been let before the said date without obtaining his consent; 

(d) that the premises were let for use as a residence and neither the tenant nor any member of his 
family has been residing therein for a period of six months immediately before the date of the filing of 
the application for the recovery of possession thereof; 

(e)  that  the  premises  let  for  residential  purposes  are  required  bona  fide  by  the  landlord  for 
occupation as a residence for himself or for any member of his family dependent on him, if he is the 
owner thereof, or for any person for whose benefit the premises are held and that the landlord or such 
person has no other reasonably suitable residential accommodation; 

Explanation.—For the purposes of this clause, “premises let for residential purposes” include any 
premises which having been let for use as a residence are, without the consent of the landlord, used 
incidentally for commercial or other purposes; 

(f) that the premises have become unsafe or unfit for human habitation and are required bona fide 
by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; 

(g) that the premises are required bona fide by the landlord for the purpose of building or re-building 
or  making  thereto  any  substantial  additions  or  alterations  and  that  such  building  or  re-building  or 
addition or alteration cannot be carried out without the premises being vacated; 

(h) that the tenant has, whether before or after the commencement of this Act, 1***, acquired vacant 

possession of, or been allotted, a residence; 

2[(hh) that the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 

1988, built a residence and ten years have elapsed thereafter;] 

(i) that the premises were let to the tenant for use as a residence by reason of his being in the service 
or  employment  of  the  landlord,  and  that  the  tenant  has  ceased,  whether  before  or  after  the 
commencement of this Act, to be in such service or employment; 

(j) that the tenant has, whether before or after the commencement of this Act, caused or permitted 

to be caused substantial damage to the premises; 

(k) that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner 
contrary  to  any  condition  imposed  on  the  landlord  by  the  Government  or  the  Delhi  Development 
Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the 
premises are situate; 

(l) that the landlord requires the premises in order to carry out any building work at the instance of 
the  Government  or  the  Delhi  Development  Authority  or  the  Municipal  Corporation  of  Delhi  is 
pursuance of any improvement scheme or development scheme and that such building work cannot be 
carried out without the premises being vacated. 

(2) No order for the recovery of possession of any premises shall be made on the ground specified in 

clause  (a)  of  the  proviso  to  sub-section  (1),  if  the  tenant  makes  payment  or  deposit  as  required  by                       
section 15: 

1. The word “built” omitted by Act 57 of 1988, s. 8 (w.e.f. 1-12-1988). 
2. Ins. by s. 8, ibid. (w.e.f. 1-12-1988). 

11 

 
                                                           
Provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such 
benefit once in respect of any premises, he again makes a default in the payment of rent of those premises 
for three consecutive months. 

(3) No order for the recovery of possession in any proceeding under sub-section (1) shall be binding on 
any sub-tenant referred to in section 17 who has given notice of his sub-tenancy to the landlord under the 
provisions of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction 
is made binding on him. 

(4) For the purposes of clause (b) of the proviso to sub-section (1), any premises which have been let 
for being used for the purposes of business or profession shall be deemed to have been sub-let by the tenant, 
if the Controller is satisfied that the tenant without obtaining the consent in writing of the landlord has, after 
the 16th day of August, 1958, allowed any person to occupy the whole or any part of the premises ostensibly 
on the ground that such person is a partner of the tenant in the business or profession but really for the 
purpose of sub-letting such premises to that person. 

(5) No application for the recovery of possession of any premises shall lie under sub-section (1) on the 
ground specified in clause (c) of the proviso thereto, unless the landlord has given to the tenant a notice in 
the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed 
to comply with such requirement within one month of the date of service of the notice; and no order for 
eviction against the tenant shall be made in such a case, unless the Controller is satisfied that the misuse of 
the premises is of such a nature that it is a public nuisance or that it causes damage to the premises or is 
otherwise detrimental to the interest of the landlord. 

(6)  Where  a  landlord  has  acquired  any  premises  by  transfer,  no  application  for  the  recovery  of 
possession  of such  premises  shall lie  under  sub-section  (1)  on  the  ground  specified  in  clause (e)  of the 
proviso thereto, unless a period of five years have elapsed from the date of the acquisition. 

(7) Where an order for the recovery of possession of any premises is made on the ground specified in 
clause (e) of the proviso to sub-section (1), the landlord shall not be entitled to obtain possession thereof 
before the expiration of a period of six months from the date of the order. 

(8) No order for the recovery of possession of any premises shall be made on the ground specified in 
clause (g) of the proviso to sub-section (1), unless the Controller is satisfied that the proposed reconstruction 
will not radically alter the purpose for which the premises were let or that such radical alteration is in the 
public interest, and that the plans and estimates of such reconstruction have been properly prepared and that 
necessary fund for the purpose are available with the landlord. 

(9) No order for the recovery of possession of any premises shall be made on the ground specified in 
clause (i) of the proviso to sub-section (1), if the Controller is of opinion that there is any bona fide dispute 
as to whether the tenant has ceased to be in the service or employment of the landlord. 

(10) No order for the recovery of possession of any premises shall be made on the ground specified in 
clause (j) of the proviso to sub-section (1), if the tenant, within such time as may be specified in this behalf 
by the Controller, carries out repairs to the damage caused to the satisfaction of the Controller or pays to 
the landlord such amount by way of compensation as the Controller may direct. 

(11) No order for the recovery of possession of any premises shall be made on the ground specified in 
clause (k) of the proviso to sub-section (1), if the tenant, within such time as may be specified in this behalf 
by the Controller, complies with the condition imposed on the landlord by any of the authorities referred to 
in that clause or pays to that authority such amount by way of compensation as the Controller may direct. 

1[14A.  Right  to  recover  immediate  possession  of  premises  to  accrue  to  certain  persons.—  (1) 
Where  a  landlord  who,  being  a  person  in  occupation of  any  residential  premises  allotted  to him  by  the 
Central Government or any local authority is required, by, or in pursuance of, any general or special order 
made by that Government or authority, to vacate such residential accommodation, or in default, to incur 
certain obligations, on the ground that he owns, in the Union territory of Delhi, a residential accommodation 
either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the 

1. Ins. by Act 18 of 1976, s. 5 (w.e.f. 1-12-1975). 

12 

 
                                                           
date of such order, to such landlord, notwithstanding anything contained elsewhere in this Act or in any 
other law for the time being in force or in any contract (whether express or implied), custom or usage to the 
contrary, a right to recover immediately possession of any premises let out by him: 

Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in 
the Union territory of Delhi, two or more dwelling houses whether in his own name or in the name of his 
wife or dependent child to recover the possession of more than one dwelling house and it shall be lawful 
for such landlord to indicate the dwelling house, possession of which he intends to recover. 

(2) Notwithstanding anything contained elsewhere in this Act or in any there law for the time being in 
force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery 
conferred on him by sub-section (1), no compensation shall be payable by him to the tenant or any person 
claiming  through  or  under  him  and  no  claim  for  such  compensation  shall  be  entertained  by  any  court, 
tribunal or other authority: 

Provided that where the landlord had received,— 

(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of 
recovery of possession of the premises by him, refund to the tenant such amount as represent the rent 
payable for the unexpired portion of the contract, agreement or lease; 

(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall 
bear the same proportion to the total amount so received, as the unexpired portion of the contract or 
agreement, or lease bears to the total period of contract or agreement or lease: 

Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be 
liable to pay simple interest at the rate of six per cent per annum on the amount which he has omitted or 
failed to refund.] 

1[14B.  Right to  recover immediate  possession  of  premises  to  accrue to members  of  the  armed 

forces, etc.— (1) Where the landlord— 

(a) is a released or retired person from any armed forces and the premises let out by him are required 

for his own residence; or 

(b) is a dependent of a member of any armed forces who had been killed in action and the premises 

let out by such member are required for the residence of the family of such member, 

such person or, as the case may be, the dependent may, within one year from the date of his release or 
retirement from such armed forces or, as the case may be, the date of death of such member, or within a 
period of one year from the date of commencement of the Delhi Rent Control (Amendment) Act, 1988, 
whichever is later, apply to the Controller for recovering the immediate possession of such premises. 

(2) Where the landlord is a member of any of the armed forces and has a period of less than one year 
preceding the date of his retirement and the premises let out by him are required for his own residence after 
his retirement, he may, at any time, within a period of one year before the date of his retirement, apply to 
the Controller for recovering the immediate possession of such premises. 

(3)  Where  the  landlord  referred  to  in  sub-section  (1)  or  sub-section  (2)  has  let  out  more  than  one 
premises, it shall be open to him to make an application under that sub-section in respect of only one of the 
premises chosen by him. 

Explanation.—For the purposes of this section,  “armed forces” means an armed force of the Union 
constituted  under  an  Act  of  Parliament  and  includes  a  member  of  the  police  force  constituted  under         
Section 3 of the Delhi Police Act, 1978 (34 of 1978). 

14C. Right to recover immediate possession of premises to accrue to Central Government and 
Delhi  Administration  employees.—(1)  Where  the  landlord  is  a  retired  employee  of  the  Central 
Government  or  of  the  Delhi  Administration,  and  the  premises  let  out  by  him  are  required  for  his  own 
residence, such employee may, within one year from the date of his retirement or within a period of one 

1. Ins. by Act 57 of 1988, s. 9 (w.e.f. 1-12-1988). 

13 

 
                                                           
year from the date of commencement of the Delhi  Rent Control (Amendment) Act, 1988, whichever is 
later, apply to the Controller for recovering the immediate possession of such premises. 

(2) Where the landlord is an employee of the Central Government or of the Delhi Administration and 
has a period of less than one year preceding the date of his retirement and the premises let out by him are 
required by him for his own residence after his retirement, he may, at any time within a period of one year 
before the date of his retirement, apply to the Controller for recovering the immediate possession of such 
premises. 

(3)  Where  the  landlord  referred  to  in  sub-section  (1)  or  sub-section  (2)  has  let  out  more  than  one 
premises, it shall be open to him to make an application under that sub-section in respect of only one of the 
premises chosen by him. 

14D. Right to recover immediate possession of premises to accrue to a widow.— (1) Where the 
landlord is a widow and the premises let out by her, or by her husband, are required by her for her own 
residence, she may apply to the Controller for recovering the immediate possession of such premises. 

(2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall he open 
to her to make an application under that sub-section in respect of any one of the premises chosen by her.] 

15. When a tenant can get the benefit of protection against eviction.—(1) In every proceeding of 

the  recovery  of  possession  of  any  premises  on  the  ground  specified  in  clause  (a)  of  the  proviso  to                            
sub-section (1) of section 14, the Controller shall, after giving the parties an opportunity of being heard, 
make an order directing the tenant to pay to the landlord or deposit with the Controller within one month 
of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for 
which  the  arrears  of  the  rent  were  legally  recoverable  from  the  tenant  including  the  period  subsequent 
thereto up to the end of the month previous to that in which payment or deposit is made and to continue to 
pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at 
that rate. 

(2) If, in any proceeding for the recovery of possession of any premises on any ground other than that 
referred to in sub-section (1), the tenant contests the claim for eviction, the landlord may, at any stage of 
the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the 
amount  of  rent  legally  recoverable  from  the  tenant  and  the  Controller  may,  after  giving  the  parties  an                
opportunity of being heard, make an order in accordance with the provisions of the said sub-section. 

(3) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the 
amount of rent payable by the tenant, the Controller shall, within fifteen days of the date of the first hearing 
of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with 
the provisions of sub-section (1) or sub-section (2), as the case may be until the standard rent in relation 
thereto is fixed having regard to the provisions of this Act, and the amount of arrears if any, calculated on 
the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which 
the standard rent is fixed or such further time as the Controller may allow in this behalf. 

(4) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the 
person or persons to whom the rent is payable,  the Controller may direct the tenant to deposit with the 
Controller the amount payable by him under sub-section (1) or sub-section (2) or sub-section (3), as the 
case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the 
Controller decides the dispute and makes an order for payment of the same. 

(5) If the Controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant 
for reasons which are false or frivolous, the Controller may order the defence against eviction to be struck 
out and proceed with the hearing of the application. 

(6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall 
be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but 
the Controller may allow such costs as he may deem fit to the landlord. 

(7) If a tenant fails to make payment or deposit as required by this section, the Controller may order the 

defence against eviction to be struck out and proceed with the hearing of the application. 

14 

 
16. Restrictions on sub-letting.—(1) Where at  any time before the 9th day of June, 1952, a tenant has 
sub-let the whole or any part of the premises and the sub-tenant is, at the commencement of this Act, in 
occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for 
such sub-letting, the premises shall be deemed to have been lawfully sub-let. 

(2) No premises which have been sub-let either in whole or in part on or after the 9th day of June, 1952, 

without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub-let. 

(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the 

landlord,— 

(a) sub-let the whole or any part of the premises held by him as a tenant; or 

(b) transfer or assign his rights in the tenancy or in any part thereof. 

(4) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive 
any consideration whatsoever in cash or in kind for giving his consent to the sub-letting of the whole or any 
part of the premises held by the tenant. 

17. Notice of creation and termination of sub-tenancy.—(1) Where, after the commencement of this 
Act, any premises are sub-let either in whole or in part by the tenant with the previous consent in writing 
of the landlord, the tenant or the sub-tenant to whom the premises are sub-let may, in the prescribed manner, 
give  notice  to  the  landlord  of  the  creation  of  the  sub-tenancy  within  one  month  of  the  date  of  such                      
sub-letting and notify the termination of such sub-tenancy within one month of such termination. 

(2) Where, before the commencement of this Act, any premises have been lawfully sub-let either in 
whole or in part by the tenant, the tenant or the sub-tenant to whom the premises have been sub-let may, in 
the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within six months of 
the commencement of this Act, and notify the termination of such sub-tenancy within one month of such 
termination. 

(3) Where in any case mentioned in sub-section (2), the landlord contests that the premises were not 
lawfully sub-let, and an application is made to the Controller in this behalf, either by the landlord or by the 
sub-tenant, within two months of the date of the receipt of the notice of sub-letting by the landlord or the 
issue of the notice by the tenant or the sub-tenant, as the case may be, the Controller shall decide the dispute. 

18.  Sub-tenant  to  be  tenant  in  certain  cases.—(1)  Where  an  order  for  eviction  in  respect  of  any 
premises is made under section 14 against a tenant but not against a sub-tenant referred to in section 17 and 
a notice of the sub-tenancy has been given to the landlord, the sub-tenant shall, with effect from the date of 
the order, be deemed to become a tenant holding directly under the landlord in respect of the premises in 
his occupation on the same terms and conditions on which the tenant would have held from the landlord, if 
the tenancy had continued. 

(2) Where, before the commencement of this Act, the interest of a tenant in respect of any premises has 
been determined without determining the interest of any sub-tenant to whom the premises either in whole 
or in part had been lawfully sub-let, the sub-tenant shall, with effect from the date of the commencement 
of this Act, be deemed to have become a tenant holding directly under the landlord on the same terms and 
conditions on which the tenant would have held from the landlord, if the tenancy had continued. 

19. Recovery of possession for occupation and re-entry.—(1) Where a landlord recovers possession 

of  any  premises  from  the  tenant  in  pursuance  of  an  order  made  under  clause  (e)  of  the  proviso  to                            
sub-section (1) of section 14 1[or under sections 14A, 14B, I4C, 14D and 21], the landlord shall not, except 
with the permission of the Controller obtained in the prescribed manner, re-let the whole or any part of the 
premises within three years from the date of obtaining such possession, and in granting such permission, 
the Controller may direct the landlord to put such evicted tenant in possession of the premises. 

(2)  Where  a  landlord  recovers  possession  of  any  premises  as  aforesaid  and  the  premises  are  not 
occupied by the landlord or by the person for whose benefit the premises are held, within two months of 
obtaining such possession, or the premises having been so occupied are, at any time within three years from 

1. Ins. by Act 57 of 1988, s. 10 (w.e.f. 1-12-1988). 

15 

 
                                                           
the date of obtaining possession, re-let to any person other than the evicted tenant without obtaining the 
permission  of  the  Controller  under  sub-section  (1)  or  the  possession  of  such  premises  is  transferred  to 
another person for reasons which do not appear to the Controller to be bona fide, the Controller may, on an 
application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct 
the  landlord  to  put  the  tenant  in  possession  of  the  premises  or  to  pay  him  such  compensation  as  the 
Controller thinks fit.  

20. Recovery of possession for repairs and re-building and re-entry.—(1) In making any order on 
the grounds specified in clause (f) or clause (g) of the proviso to sub-section (1) of section 14, the Controller 
shall ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof 
from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order 
and specify therein the date on or before which he shall deliver possession so as to enable the landlord to 
commence the work of repairs or building or re-building, as the case may be. 

(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on 
the  completion  of  the  work  of  repairs  of  building  or  re-building,  place  the  tenant  in  occupation  of  the 
premises or part thereof. 

(3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord 
fails to commence the work of repairs or building or re-building within one month of the specified date or 
fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in 
occupation of the premises in accordance with sub-section (2), the Controller may, on an application made 
to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the 
tenant  in  occupation  of  the  premises  or  part  thereof  or  to  pay  to  the  tenant  such  compensation  as  the 
Controller thinks fit. 

21. Recovery of possession in case of tenancies for limited period.— 1[(1)] Where  a landlord does 
not require the whole or any part of any premises for a particular period, and the landlord, after obtaining 
the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as 
a residence for such period as may be agreed to in writing between the landlord and the tenant and the 
tenant  does  not  on  the  expiry  of  the  said  period,  vacate  such  premises,  then,  notwithstanding  anything 
contained in section 14 or in any other law, the Controller may, on an application made to him in this behalf 
by  the  landlord  within  such  time  as  may  be  prescribed,  place  the  landlord  in  vacant  possession  of  the 
premises or part thereof by evicting the tenant and every other person who may be in occupation of such 
premises. 

2[(2)  While  making  an  order  under  sub-section  (1),  the  Controller  may  award  to  the  landlord  such 
damages for the use or occupation of the premises at such rates as he considers proper in the circumstances 
of the case for the period from the date of such order till the date of actual vacation by the tenant.] 

22. Special provision for recovery of possession in certain cases.—Where the landlord in respect of 
any premises is any company or other body corporate or any local authority or any public institution and 
the premises are required for the use of employees of such landlord or in the case of a public institution, for 
the furtherance of its activities, then, notwithstanding anything contained in section 14 or any other law, 
the Controller may, on an application made to him in this behalf by such landlord, place the landlord in 
vacant possession of such premises by evicting the tenant and every other person who may be in occupation 
thereof, if the Controller is satisfied— 

(a) that the tenant to whom such premises were let for use as a residence at a time when he was in 

the service or employment of the landlord, has ceased to be in such service or employment; or 

(b) that the tenant has acted in contravention of the terms, express or implied, under which he was 

authorised to occupy such premises; or 

(c) that any other person is in unauthorised occupation of such premises; or 

1. Section 21 renumbered as sub-section (1) thereof by Act 57 of 1988, s. 11 (w.e.f. 1-12-1988). 
2.  Ins. by s. 11, ibid. (w.e.f. 1-12-1988). 

16 

 
                                                           
(d)   that  the  premises  are  required  bona  fide  by  the  public  institution  for  the  furtherance  of  its 

activities. 

Explanation.—For the purposes of this section, “public institution” includes any educational institution, 
library, hospital and charitable dispensary 1[but does not include any such institution set up by any private 
trust]. 

23.  Permission  to  construct  additional  structures.—Where  the  landlord  proposes  to  make  any 
improvement in, or construct any additional structure on, any building which has been let to a tenant and 
the tenant refuses to allow the landlord to make such improvement or construct such additional structure 
and the Controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord 
is ready and willing to commence the work and that such work will not cause any undue hardship to the 
tenant, the Controller may permit the landlord to do such work and may make such other order as he thinks 
fit in the circumstances of the case. 

24.  Special  provision  regarding  vacant  building  sites.—Notwithstanding  anything  contained  in 
section 14, where any premises which have been let comprise vacant land upon which it is permissible 
under the building regulations or municipal bye-laws, for the time being in force, to erect any building, 
whether for use as a residence or for any other purpose and the landlord proposing to erect such building is 
unable to obtain possession of the land from the tenant by agreement with him and the Controller, on an 
application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to 
commence the work and that the severance of the vacant land from the rest of the premises will not cause 
undue hardship to the tenant, the Controller may— 

(a)  direct such severance; 

(b)  place the landlord in possession of the vacant land; 

(c)  determine the rent payable by the tenant in respect of the rest of the premises; and 

(d) make such other order as he thinks fit in the circumstances of the case. 

25. Vacant possession to landlord.—Notwithstanding anything contained in any other law, where the 
interest of a tenant in any premises is determined for any reason whatsoever and any order is made by the 
Controller under this Act for the recovery of possession of such premises the order shall, subject to the 
provisions of section 18, be binding on all persons who may be in occupation of the premises and vacant 
possession thereof shall be given to the landlord by evicting all such person therefrom: 

Provided that nothing in this section shall apply to any persons who has an independent title to such 

premises. 

2[CHAPTER IIIA 

SUMMARY TRAIL OF CERTAIN APPLICATIONS 

25A. Provisions of this Chapter to have overriding effect.—The provisions of this Chapter or any 
rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere 
in this Act or in any other law for the time being in force. 

25B. Special procedure for the disposal of applications for eviction on the ground of bona fide 

requirement.— 

(1)  Every  application  by  a  landlord  for  the  recovery  of  possession  of  any  premises  on  the  ground 
specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A 3[or under section 
14B  or  under  section  I4C  or  under  section  14D],  shall  be  dealt  with  in  accordance  with  the  procedure 
specified in this section. 

1. Added by Act 57 of 1988, s. 12 (w.e.f. 1-12-1988). 
2. Chapter IIIA (consisting of sections 25A to 25C ins. by Act 18 of 1976, s. 6 (w.e.f. 1-12-1975). 
3. Ins. by Act 57 of 1988, s. 13 (w.e.f. 1-12-1988). 

17 

 
 
                                                           
(2) The Controller shall issue summons, in relation to every application referred to in sub-section (1), 

in the form specified in the Third Schedule. 

(3) (a) The Controller shall, in addition to, and simultaneously with, the issue of summons for service 
on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to 
the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually 
and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of 
the case so require, also direct the publication of the summons in a newspaper circulating in the locality in 
which the tenant is last known to have resided or carried on business or personally worked for gain. 

(b) When an acknowledgement purporting to be signed by the tenant or his agent is received by the 
Controller or the registered article containing the summons is received back with an endorsement purporting 
to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery 
of the registered article, the Controller may declare that there has been a valid service of summons. 

(4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) 
in the form specified in the Third Schedule shall not contest the prayer for eviction from the premises unless 
he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains 
leave  from  the  Controller as  hereinafter  provided;  and  in  default  of  his  appearance  in  pursuance  of the 
summons or his obtaining such leave, the statement made by the landlord in the application for eviction 
shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on 
the ground aforesaid. 

(5) The Controller shall give to the tenant leave to contest the application if the affidavit filed by the 
tenant  discloses such  facts  as  would  disentitle the  landlord  from  obtaining  an order  for the recovery  of 
possession of the premises on the ground specified in clause (c) of the proviso to sub-section (1) of section 
14, or under section 14A. 

(6) Where leave is granted to the tenant to contest the application, the Controller shall commence the 

hearing of the application as early as practicable. 

(7) Notwithstanding anything contained in sub-section (2) of section 37, the Controller shall, while 
holding an inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a 
Court of Small Causes, including the recording of evidence. 

(8) No appeal or second appeal shall lie against an order for the recovery of possession of any premises 

made by the Controller in accordance with the procedure specified in this section: 

Provided  that  the  High  Court  may,  for  the  purpose  of  satisfying  itself  that  an  order  made  by  the 
Controller under this section is according to law, call for the records of the case and pass such order in 
respect thereto as it thinks fit. 

(9) Where no application has been made to the High Court on revision, the Controller may exercise the 
powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of 
Civil Procedure, 1908 (5 of 1908). 

(10) Save as otherwise provided in this Chapter, the procedure for the disposal of an application for 
eviction on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 
14A, shall be the same as the procedure for the disposal of applications by Controllers. 

25C. Act to have effect in a modified form in relation to certain persons.—(1) Nothing contained 
in sub-section (6) of section 14 shall apply to a landlord who, being a person in occupation of any residential 
premises allotted to him by the Central Government or any local authority is required by or in pursuance 
of, an order made by that Government or authority to vacate such residential accommodation, or, in default, 
to incur certain obligations, or the ground that he owns a residential accommodation either in his own name 
or in the name of his wife or dependent child in the Union territory of Delhi. 

(2)  In  the  case  of  a  landlord  who,  being  a  person  of  the  category  specified  in  sub-section  (1),  has 
obtained, on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under 

18 

 
section 14A, an order for the eviction of a tenant from any premises, the provisions of sub-section (7) of 
section 14 shall have effect as if for the words “six months”, occurring therein, the words “two months” 
were substituted.] 

CHAPTER IV 

DEPOSIT OF RENT 

26. Receipt to be given for rent paid.—(1) Every tenant shall pay rent within the time fixed by contract 
or in the absence of such contract, by the fifteenth day of the month next following the month for which it 
is payable 1[and where any default occurs in the payment of rent, the tenant shall be liable to pay simple 
interest at the rate of fifteen per cent, per annum from the date on which such payment of rent is due to the 
date on which it is paid.] 

(2) Every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from 
the landlord or his authorised agent a written receipt for the amount paid to him, signed by the landlord or 
his authorised agent: 

2[Provided that it shall be open to the tenant to remit the rent to his landlord by postal money order.] 

(3) If the landlord or his authorised agent refuses or neglects to deliver to the tenant a receipt referred 
to in sub-section (2), the Controller may, on an application made to him in this behalf by the tenant within 
two months from the date of payment and after hearing the landlord or his authorised agent, by order direct 
the landlord or his authorised agent to pay to the tenant, by way of damages, such sum not exceeding double 
the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to the 
tenant in respect of the rent paid. 

27. Deposit of rent by the tenant.—(1) Where the landlord does not accept any rent tendered by the 
tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein 
or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may 
deposit such rent with the Controller in the prescribed manner: 

3[Provided that in cases where there is a bona fide doubt as to the person or persons to whom the rent 

is payable, the tenant may remit such rent to the Controller by postal money order.] 

(2)  The  deposit  shall  be  accompanied  by  an  application  by  the  tenant  containing  the  following 

particulars, namely:— 

(a) the premises for which the rent is deposited with a description sufficient for identifying the 

premises; 

(b) the period for which the rent is deposited; 

(c) the name and address of the landlord or the person or persons claiming to be entitled to such 

rent; 

(d) the reasons and circumstances for which the application for depositing the rent is made; 

(e) such other particulars as may be prescribed. 

(3) On such deposit of the rent being made, the Controller shall send in the prescribed manner a copy 
or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement 
of the date of the deposit. 

(4) If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied 
that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid 
to him in the manner prescribed: 

Provided that no order for payment of any deposit of rent shall be made by the Controller under this 
sub-section  without  giving  all  persons  named  by  the  tenant  in  his  application  under  sub-section  (2)  as 

1. Added by Act 57 of 1988, s. 14 (w.e.f. 1-12-1988). 
2. Ins. by s. 14, ibid. (w.e.f. 1-12-1988). 
3. Ins. by s. 15, ibid. (w.e.f. 1-12-1988). 

19 

 
                                                           
claiming to be entitled to payment of such rent an opportunity of being heard and such order shall be without 
prejudice  to  the  rights  of  such  persons  to  receive  such  rent  being  decided  by  a  court  of  competent 
jurisdiction. 

(5) If at the time of filing the application under sub-section (4), but not after the expiry of thirty days 
from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent 
complains or complain to the Controller that the statements in the tenant's application of the reasons and 
circumstances  which  led  him  to  deposit  the  rent  are  untrue,  the  Controller,  after  giving  the  tenant  an 
opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two 
months’ rent, if the Controller is satisfied that the said statements were materially untrue and may order 
that a sum out of the fine realised be paid to the landlord as compensation. 

(6) The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord 
of being heard, levy on the landlord a fine which may extend to an amount equal to two months' rent, if the 
Controller is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered 
to him within the time referred to in section 26 and may further order that a sum out of the fine realised be 
paid to the tenant as compensation. 

28.Time limit for making deposit and consequences of incorrect particulars in application for 
deposit.—(1) No rent deposited under section 27 shall be considered to have been validly deposited under 
that section, unless the deposit is made within twenty-one days of the time referred to in section 26 for 
payment of the rent. 

(2) No such deposit shall be considered to have been validly made, if the tenant wilfully makes any 
false statement in his application for depositing the rent, unless the landlord has withdrawn the amount 
deposited before the date of filing an application for the recovery of possession of the premises from the 
tenant. 

(3) If the rent is deposited within the time mentioned in sub-section (1) and does not cease to be a valid 
deposit  for  the  reason  mentioned  in  sub-section  (2),  the  deposit  shall  constitute  payment  of  rent  to  the 
landlord, as if the amount deposited had been validly tendered. 

29. Saving as to acceptance of rent and forfeiture of rent in deposit.—(1) The withdrawal of rent 
deposited under section 27 in the manner provided therein shall not operate as an admission against the 
person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any 
other facts stated in the tenant's application for depositing the rent under the said section. 

(2) Any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to 
receive such rent shall be forfeited to Government by an order made by the Controller, if it is not withdrawn 
before the expiration of five years from the date of posting of the notice of deposit. 

(3) Before passing an order of forfeiture the Controller shall give notice to the landlord or the person 
or persons entitled to receive the rent in deposit by registered post at the last known address of such landlord 
or person or persons and shall also publish the notice in his office and in any local newspaper. 

CHAPTER V 

HOTELS AND LODGING HOUSES 

30. Application of the Chapter.—The provisions of this Chapter shall apply to all hotels and lodging 
houses in the areas which, immediately before the 7th day of April, 1958, were included in the New Delhi 
Municipal Committee, Municipal Committee, Delhi and the Notified Area Committee, Civil Station, Delhi 
and may be applied by the Central Government, by notification in the Official Gazette, to hotels and lodging 
houses within the limits of such other urban area of the Municipal Corporation of Delhi as may be specified 
in the notification: 

Provided that if the Central Government is of opinion that it would not be desirable in the public interest 
to  make  the  provisions  of  this  Chapter  applicable  to  any  class  of  hotels  or  lodging  houses,  it  may,  by 
notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this 
Chapter. 

20 

 
31. Fixing of fair rate.—(1) Where the Controller, on a written complaint or otherwise, has reason to 
believe that the charges made for board or lodging or any other service provided in any hotel or lodging 
houses are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in 
the hotel or lodging house and in fixing such fair rate, specified separately the rate for lodging, board or 
other services. 

(2)  In  determining  the  fair  rate  under  sub-section  (1),  the  Controller  shall  have  regard  to  the 
circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, 
board and service, during the twelve months immediately preceding the 1st day of June, 1951, and to any 
general increase in the cost of living after that date. 

32. Revision of fair rate.—On a written application from the manager of a hotel or the owner of a 
lodging house or otherwise, the Controller may, from time to time, revise the fair rate to be charged for 
board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having 
regard to any general rise or fall in the cost of living which may have occurred after the fixing of fair rate. 

33. Charges in excess of fair rate not recoverable.—When the Controller has determined the fair rate 

of charges in respect of a hotel or lodging house,— 

(a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge 
any amount in excess of the fair rate and shall not, except with the previous written permission of the 
Controller, withdraw from the lodger any concession or service allowed at the time when the Controller 
determined the fair rate; 

(b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect 

of such excess and shall be construed as if it were an agreement for payment of the said fair rate; 

(c) any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within 
a period of six months from the date of the payment from the manager of the hotel or the owner of the 
lodging house or his legal representatives and may, without prejudice to any other mode of recovery, 
be deducted by such lodger from any amount payable by him to such manager or owner. 

34.  Recovery  of  possession  by  manager  or  a  hotel  or  the  owner  of  a  lodging  house.—
Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house 
shall he entitled to recover possession of the accommodation provided by him to a lodger on obtaining a 
certificate from the Controller certifying— 

(a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to 

any adjoining or neighboring ledger; 

Explanation. —For the purposes of this clause, “nuisance” shall be deemed to include any act which 
constitutes an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 
of 1956); 

(b)  that  the  accommodation  is  reasonably  and  bona  fide  required  by  the  owner  of  the  hotel  or 
lodging house, as the case may be, either for his own occupation or for the occupation of any person 
for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory to 
the Controller; 

(c) that the lodger has failed to vacate the accommodation on the termination of the period of the 

agreement in respect thereof; 

(d)  that  the  lodger  has  done  any  act  which  is  inconsistent  with  the  purpose  for  which  the 
accommodation was given to him or which is likely to affect adversely or substantially the owner's 
interest therein; 

(e) that the lodger has failed to pay the rent due from him. 

21 

 
CHAPTER VI 

APPOINTMENT OF CONTROLLERS AND THEIR POWERS AND  

FUNCTION AND APPEALS 

35. Appointment of Controllers and Additional Controllers.—(1) The Central Government may, by 
notification in the Official Gazette, appoint as many Controllers as it thinks fit, and define the local limits 
within which, or the hotels and lodging houses in respect of which, each Controller shall exercise the powers 
conferred, and perform the duties imposed, on Controllers by or under this Act. 

(2)  The  Central  Government  may  also,  by  notification  in  the  Official  Gazette,  appoint  as  many 
additional Controllers as it thinks fit and an additional Controller shall perform such of the functions of the 
Controller as may, subject to the control of the Central Government, be assigned to him in writing by the 
Controller and in the discharge of these functions, an additional Controller shall have and shall exercise the 
same powers and discharge the same duties as the Controller. 

(3) A person shall not be qualified for appointment as a Controller or an additional Controller, unless 
he has for at least five years held a judicial office in India or has for at least seven years been practising as 
an advocate or a pleader in India. 

36. Powers of Controller.—(1) The Controller may— 

(a) transfer any proceeding pending before him for disposal to any additional Controller, or 

(b) withdraw any proceeding pending before any additional Controller and dispose it of himself or 

transfer the proceeding for disposal to any other additional Controller. 

(2) The Controller shall have the same powers as are tested in a civil court under the Code of Civil 

Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) issuing commissions for the examination of witnesses; 

(d) any other matter which may be prescribed; 

and any proceeding before the Controller shall be deemed to be a judicial proceeding within the meaning 
of section 193 and section 228 of the Indian Penal Code (45 of 1860), and the Controller shall be deemed 
to be a civil court within the meaning of Section 480 and Section 482 of the Code of Criminal Procedure, 
1898 (5 of 1898). 

(3)  For  the  purposes  of  holding  any  inquiry  or  discharging  any  duty  under  this  Act,  the  Controller             

may,— 

(a) after giving not less than twenty-four hours’ notice in writing, enter and inspect or authorise 
any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset; 
or 

(b) by written order, require any person to produce for his inspection all such accounts, books or 
other documents relevant to the inquiry at such time and at such place as may be specified in the order. 

(4) The Controller may, if he thinks fit, appoint one or more persons having special knowledge of the 

matter under consideration as an assessor or assessors to advise him in the proceeding before him. 

37. Procedure to be followed by Controller.—(1) No order which prejudicially affects any person 
shall be made by the Controller under this Act without giving him a reasonable opportunity of showing 
cause  against  the  order  proposed  to  be  made  and  until  his  objections, if  any,  and  any  evidence  he  may 
produce in support of the same have been considered by the Controller. 

(2) Subject to any rules that may be made under this Act, the Controller shall, while holding an inquiry 
in  any  proceeding  before him,  follow  as  far  as  may  be  the  practice  and  procedure  of  a  Court  of  Small 
Causes, including the recording of evidence. 

22 

 
(3) In all proceedings before him, the Controller shall consider the question of costs and award such 

costs to or against any party as the Controller considers reasonable. 

38. Appeal to the Tribunal.—(1) An appeal shall lie from every order of the Controller made under 
this Act 1[only on questions of law] to the Rent Control Tribunal hereinafter referred to as the Tribunal) 
consisting of one person only to be appointed by the Central Government by notification in the Official 
Gazette: 

1[Provided that no appeal shall lie from an order of the Controller made under section 21.] 

(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order made 

by the Controller: 

Provided that the Tribunal may entertain the appeal after the expiry of the said period of thirty days, if 

it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 

(3) The Tribunal shall have all the power vested in a court under the Code of Civil Procedure, 1908 (5 

of 1908), when hearing an appeal. 

(4) Without prejudice to the provisions of sub-section (3), the Tribunal may, on an application made to 
it or otherwise, by order transfer any proceeding pending before any Controller or additional Controller to 
another  Controller  or  additional  Controller  and  the  Controller  or  additional  Controller  to  whom  the 
proceeding is so transferred may, subject to any special directions in the order of transfer, dispose of the 
proceeding. 

(5) A person shall not be qualified for appointment to the Tribunal, unless he is, or has been, a district 

judge or has for at least ten years held a judicial office in India. 

2[38A.  Additional  Rent  Control  Tribunals.—(1)  For  the  expeditious  disposal  of  appeals  and 
applications  under  section  38,  the  Central  Government  may,  by  notification  in  the  Official  Gazette, 
constitute as many Additional Rent Control Tribunals as it deems fit and appoint to each such Additional 
Rent  Control  Tribunal  (hereinafter  referred  to  as  the  Additional  Tribunal)  one  person  qualified  for 
appointment to the Tribunal in accordance with the provisions of sub-section (5) of that section. 

(2) Notwithstanding anything contained in section 38, the Tribunal may, by order in writing,— 

(a) specify the appeals or classes of appeals under sub-section (1) of that section which may be 
preferred  to  and  disposed  of  by  each  Additional  Tribunal  and  the  classes  of  cases  in  which  each 
Additional Tribunal may exercise the powers of the Tribunal under sub-section (4) of that section; 

(b) transfer any appeal or proceeding pending before it for disposal to any Additional Tribunal; or 

(c) withdraw any appeal or proceeding pending before any Additional Tribunal and dispose it of 

itself or transfer the appeal or proceeding for disposal to any other Additional Tribunal. 

(3) The provisions of sub-sections (2) and (3) of section 38 shall apply in relation to an Additional 

Tribunal as they apply in relation to the Tribunal. 

38B. Power of High Court to transfer appeals, etc.—The High Court may also, on an application 

made to it or otherwise, by order, transfer— 

(a) any appeal or proceeding pending before the Tribunal to any Additional Tribunal; or 

(b) any appeal or proceeding pending before any Additional Tribunal to the Tribunal or in any other 

Additional Tribunal.] 

39. [Second appeal.]—Omitted by The Delhi Rent Control (Amendment) Act, 1988 (57 of 1988), s. 17 

(w.e.f. 1-12-1988) 

1. Ins. by Act 57 of 1988, s. 16 (w.e.f. 1-12-1988). 
2. Ins. by s. 2, Act 37 of 1984. 

23 

 
 
                                                           
40. Amendment of orders.—Clerical or arithmetical mistakes in any order passed by a Controller or 
1[the Tribunal or an Additional Tribunal] or errors arising therein from any accidental slip or omission may, 
at any time, be corrected by the Controller or 1 [the Tribunal on an Additional Tribunal] on an application 
received in this behalf from any of the parties or otherwise. 

41. Controller to exercise powers of a magistrate for recovery of fine.—Any fine imposed by a 
Controller under this Act shall be paid by the person fined within such  time as  may be allowed by the 
Controller and the Controller may, for good and sufficient reason, extend the time, and in default of such 
payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 
1898, (5 of 1898) and the Controller shall be deemed to be a magistrate under the said Code for the purposes 
of such recovery. 

42. Controller to exercise powers of civil court for execution of other orders.—Save as otherwise 
provided in section 41, an order made by the Controller or an order passed on appeal under this Act shall 
be executable by the Controller as a decree of a civil court and for this purpose, the Controller shall have 
all the powers of a civil court. 

43. Finality of order.—Save as otherwise expressly provided in this Act, every order made by the 
Controller or an order passed on appeal under this Act shall be final and shall not be called in question in 
any original suit, application or execution proceeding.  

CHAPTER VII 

PROVISIONS REGARDING SPECIAL OBLIGATIONS OF LANDLORDS AND PENALTIES 

44. Landlord’s duty to keep the premises in good repair.—(1) Every landlord shall be bound to keep 

the premises in good and tenantable repairs. 

(2) If the landlord neglects or fails to make, within a reasonable time after notice in writing, any repairs 
which he is bound to make under sub-section (1) the tenant may make the same himself and deduct the 
expenses of such repairs from the rent or otherwise recover them from the landlord: 

Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the 

rent payable by the tenant for that year. 

(3)  Where  any  repairs  without  which  the  premises  are  not  habitable  or  usable  except  with  undue 
inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the 
tenant  may  apply  to  the  Controller for  permission to  make  such  repairs himself  and  may  submit  to the 
Controller  an  estimate  of  the  cost  of  such  repairs,  and,  thereupon,  the  Controller  may,  after  giving  the 
landlord an opportunity of being heard and after considering such estimate of the cost and making such 
inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs at 
such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs 
himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent 
or otherwise recover it from the landlord: 

Provided that the amount so deducted or recoverable in any year shall not exceed one-half of the rent 

payable by the tenant for that year: 

Provided further that if any repairs not covered by the said amount are necessary in the opinion of the 
Controller, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to 
make such repairs. 

45. Cutting off or withholding essential supply or service.—(1) No landlord either himself or through 
any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any 
essential supply or service enjoyed by the tenant in respect of the premises let to him. 

(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to 

the Controller complaining of such contravention. 

1.  Subs. by Act 37 of 1984, s. 3, for “the Tribunal” (w.e.f. 26-5-1984). 

24 

 
                                                           
(3)  If  the  Controller  is  satisfied  that  the  essential  supply  or  service  was  cut  off  or  withheld  by  the 
landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the Controller 
may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred 
to in sub-section (4). 

Explanation.—An  interim  order  may  be  passed  under  this  sub-section  without  giving  notice  to  the 

landlord. 

(4) If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect 
of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an 
order directing the landlord to restore such supply or service. 

(5) The Controller may in his discretion direct that compensation not exceeding fifty rupees— 

(a)  be  paid  to  the  landlord  by  the  tenant,  if  the  application  under  sub-section  (2)  was  made 

frivolously or vexatiously; 

(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service 

without just and sufficient cause. 

Explanation I.—In this section, “essential supply or service” includes supply of water, electricity, lights 

in passages and on staircases, conservancy and sanitary services. 

Explanation II.—For  the  purposes  of this section,  withholding  any  essential  supply  or service  shall 
include acts or omissions attributable to the landlord on account of which the essential supply or service is 
cut off by the local authority or any order competent authority. 

46.  Landlord's  duty  to  give  notice  of  new  construction  to  Government.—Whenever,  after  the 
commencement  of  this  Act,  any  premises  are  constructed,  the  landlord  shall,  within  thirty  days  of  the 
completion of such construction, give intimation thereof in writing to the  1[Director of Estates] or to such 
other officer as may be specified in this behalf by the Government. 

47. Leases of vacant premises to Government.—(1) The provisions of this section shall apply only 
in relation to premises in the areas which, immediately before the 7th day of April, 1958, were included in 
the New Delhi Municipal Committee and which are, or are intended to be, let for use as a residence. 

(2) Whenever any premises the standard rent of which is not less than two thousand and four hundred 
rupees per year becomes vacant either by the landlord ceasing to occupy the premises or by the termination 
of  a  tenancy  or  by  the  eviction  of  a  tenant  or  by  the  release  of  the  premises  from  requisition  or                     
otherwise, — 

(a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof 

in writing to the 1[Director of Estates]; 

(b) whether or not such intimation is given, the 1[Director of Estates] may serve on the landlord by 

post or otherwise a notice— 

(i) informing him that the premises are required by the Government for such period as may be 

specified in the notice; and 

(ii) requiring him, and every person claiming under him, to deliver possession of the premises 

forthwith to such officer or person as may be specified in the notice: 

Provided that where the landlord has given the intimation required by clause (a), no notice shall be 
issued by the 1[Director of Estates] under clause (b) more than seven days after the delivery to him of the 
intimation: 

Provided further that nothing in this sub-section shall apply in respect of any premises the possession 
of which has been obtained by the landlord on the basis of any order made on the ground set forth in clause 
(e) of the proviso to sub-section (1) of section 14 or in respect of any premises which have been released 
from requisition for the use and occupation of the landlord himself. 

1. Subs. by Act 58 of 1960, s. 3 and Schedule II, for “Estate Officer to the Government of India” (w.e.f. 26-12-1960). 

25 

 
                                                           
(3) Upon the service of a notice under clause (b) of sub-section (2), the premises shall be deemed to 
have been leased to the Government for the period specified in the notice, as from the date of the delivery 
of the intimation under clause (a) of sub-section (2) or in a case where no such intimation has been given, 
as from the date on which possession of the premises is delivered in pursuance of the notice, and the other 
terms of the lease shall be such as may be agreed upon between the Government and the landlord or in 
default of agreement, as may be determined by the Controller, in accordance with the provisions of this 
Act. 

(4) 

In  every  case  where 

the 

landlord  has 

in  accordance  with 

the  provisions  of                                                          

sub-section (2) given intimation of any premises becoming vacant and the premises are not taken on lease 
by the Government under this section, the Government shall pay to the landlord a sum equal to one-fifty 
second of the standard rent per year of the premises. 

(5) Any premises taken on lease by the Government under this section may be put to any such use as 
the Government thinks fit, and in particulars, the Government may permit the use of the premises for the 
purposes of any public institution or any foreign embassy, legation or consulate or any High Commissioner 
or Trade Commissioner, or as a residence by any officer in the service of the Government or of a foreign 
embassy, legation or consulate or of a High Commissioner or Trade Commissioner. 

48.  Penalties.—(1)  If  any  person  contravenes  any  of  the  provisions  of  section  5,  he  shall  be 

punishable— 

(a) in the case of a contravention of the provisions of sub-section (1) of section 5, with simple 
imprisonment for a term which may extend to three months, or with fine which may extend to a sum 
which exceeds the unlawful charge claimed or received under that sub-section by one thousand rupees, 
or with both; 

(b)  in  the  case  of  a  contravention  of  the  provisions  of  sub-section  (2)  or  sub-section  (3)  of                    

section 5, with simple imprisonment for a term which may extend to six months, or with fine which 
may extend to a sum which exceeds the amount or value of unlawful charge claimed or received under 
the said sub-section (2) or sub-section (3), as the case may be, by five thousand rupees, or with both. 

(2) If any tenant sub-lets, assigns or otherwise parts with the possession of the whole or part of any 
premises in contravention of the provisions of clause (b) of the proviso to sub-section (1) of section 14, he 
shall be punishable with fine which may extend to one thousand rupees. 

1[(3) If any landlord re-lets or transfers the whole or any part of any premises in contravention of the 
provisions of sub-section (1) or sub-section (2) of section 19 he shall be punishable with imprisonment for 
a term which may extend to six months, or with fine, or with both.] 

(4) If any landlord contravenes the provisions of sub-section (1) of section 45, he shall be punishable 

with imprisonment for a term which may extend to three months, or with fine, or with both. 

(5) If any landlord fails to comply with the provisions of section 46 he shall be punishable with fine 

which may extend to one hundred rupees. 

(6) If any person contravenes the provisions of clause (a) of sub-section (2) of section 47, or fails to 
comply with a requirement under clause (b) thereof, he shall be punishable with simple imprisonment for 
a term which may extend to three months, or with fine which may extend to one thousand rupees, or with 
both. 

49. Cognizance of offences.—(1) No court inferior to that of a 2[Metropolitan Magistrate] shall try any 

offence punishable under this Act. 

1. Subs. by Act 57 of 1988, s. 19, for sub-section (3) (w.e.f. 1-12-1988). 
2. Subs. by s. 19, ibid., for “magistrate of the first class” (w.e.f. 1-12-1988). 

26 

 
                                                           
(2) No court shall take cognizance of an offence punishable under this Act, unless the complaint in 
respect of the offence has been made within three months from the dale of the commission of the offence. 

(3) Notwithstanding anything contained in  1[section 29 of the Code of Criminal Procedure, 1973 (2 of 
1974)]  it  shall  be  lawful  for  any 2[Metropolitan  Magistrate]  to  pass  a  sentence  of  fine  exceeding 3[five 
thousand rupees] on a person convicted of an offence punishable under this Act. 

CHAPTER VIII 

MISCELLANEOUS 

50. Jurisdiction of civil courts barred in respect of certain matters.—(1) Save a otherwise expressly 
provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the fixation 
of standard rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom 
or to any other matter which the Controller is empowered by or under this Act to decide, and no injunction 
in respect of any action taken or to be taken by the Controller under this Act shall be granted by any civil 
court or other authority. 

(2) If, immediately before the commencement of this Act, there is any suit or proceeding pending in 
any  civil  court  for  the  eviction  of  any  tenant  from  any  premises  to  which  this  Act  applies  and  the 
construction of which has been completed after the 1st day of June, 1951, but before the 9th day of June, 
1955, such suit or proceeding shall, on such commencement, abate. 

(3) If, in pursuance of any decree or order made by a court, any tenant has been evicted after the 16th 
day of August, 1958, from any premises to which this Act applies and the construction of which has been 
completed  after  the  1st  day  of  June,  1951,  but  before  the  9th  day  of  June,  1955,  then,  notwithstanding 
anything contained in any other law, the Controller may, on an application made to him in this behalf by 
such evicted tenant within six months from the date of eviction, direct the landlord to put the tenant in 
possession of the premises or to pay him such compensation as the Controller thinks fit. 

(4) Nothing in sub-section (1) shall be construed as preventing a civil court from entertaining any suit 
or proceeding for the decision of any question of title to any premises to which  this Act applies or any 
question as to the person or persons who are entitled to receive the rent of such premises. 

51. Controllers to be public servants.—All Controllers and additional Controllers appointed under 
this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 
(45 of 1860). 

52. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie 
against any Controller or additional Controller in respect of anything which is in good faith done or intended 
to be done in pursuance of this Act. 

53.  [Amendment  of  the  Delhi  Tenants  Temporary  Protection  Act,  1956.]—Repealed.  by  The 

Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Schedule. I. 

54. Saving of operation of certain enactments.—Nothing in this Act shall affect the provisions of the 
Administration  of  Evacuee  Property  Act,  1950  (31  of  1950),  or  the  Slum  Areas  (Improvement  and 
Clearance) Act, 1956 (96 of 1956), or the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956). 

55. Special provision regarding decrees affected by the Delhi Tenants (Temporary Protection) 
Act, 1956.—Where any decree or order for the recovery of possession of any premises to which the Delhi 
Tenants (Temporary Protection) Act, 1956 (97 of 1956), applies is sought to be executed on the cesser of 
operation of that Act in relation to those premises, the court executing the decree or order may, on the 
application of the person against whom the decree or order has been passed or otherwise, reopen the case 
and if it is satisfied that the decree or order could not have been passed if this Act had been in force on the 
date of the decree or order, the court may, having regard to the provisions of this Act, set aside the decree 
or order or pass such other order in relation thereto as it thinks fit. 

1. Subs. by Act 57 of 1988, s. 19, for “Section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-12-1988). 
2. Subs. by s. 19, ibid., for “magistrate of the first class” (w.e.f. 1-12-1988).  
3. Subs. by s. 19, ibid., for “two thousand rupees” (w.e.f. 1-12-1988). 

27 

 
                                                           
56. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide 

for all or any of the following matters, namely: — 

1[(a) the manner of approval of valuers and the procedure to be followed by such valuers under the 

proviso to sub-section (2) of section 9;] 

2[(aa)] the form and manner in which, and the period within which, an application may be made to 

the Controller; 

(b) the form and manner in which an application for deposit or rent may be made and the particulars 

which it may contain; 

(c) the manner in which a Controller may hold an inquiry under this Act; 

(d) the powers of the civil court which may be vested in a Controller; 

(e) the form and manner in which an application for appeal or transfer of proceeding may be made 

to the Tribunal; 

(f) the manner of service of notices under this Act; 

(g) any other matter which has to be, or may be, prescribed. 

3[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 
session or in two or more successive sessions, and if, before the expiry of the session immediately following 
the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule 
or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such 
modified form or be of no effect, as the case may be; so, however, that any such modification or annulment 
shall be without prejudice to the validity of anything previously done under that rule.] 

57. Repeal and saving.—(1) The Delhi and Ajmer Rent Control Act, 1952 (38 of 1952) in so far as it 

is applicable to the Union territory of Delhi, is hereby repealed. 

(2)  Notwithstanding  such  repeal,  all  suits  and  other  proceedings  under the  said Act  pending,  at the 
commencement  of  this  Act,  before  any  court  or  other  authority  shall  be  continued  and  disposed  of  in 
accordance with the provisions of the said Act, as if the said Act had continued in force and this Act had 
not been passed: 

Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a 
tenant from any premises to which section 54 does not apply, the court or other authority shall have regard 
to the provisions of this Act: 

Provided further that the provisions for appeal under the said Act shall continue in force in respect of 

suits and proceedings disposed of thereunder. 

1. Ins. by Act 57 of 1988, s. 20 (w.e.f. 1-12-1988). 
2. Clause (a) relettered as clause (aa) thereof by s. 20, ibid. (w.e.f. 1-12-1988). 
3. Subs. by Act 37 of 1984, s. 4, for sub-section (3) (w.e.f. 26-5-1984). 

28 

 
 
 
 
 
 
 
 
 
 
                                                           
THE FIRST SCHEDULE 

(See section 1(2)] 

THE URBAN AREAS WITHIN THE LIMITS OF THE MUNICIPAL CORPORATION OF DELHI TO 
WHICH THE ACT EXTENDS 

The areas which, immediately before the 7th April, 1958, were included in— 

1. the Municipality of New Delhi excluding the area specified in the First Schedule to the Delhi 

Municipal Corporation Act, 1957 (66 of 1957); 

2. the Municipal Committee, Delhi; 

3. the Notified Area Committee, Civil Station, Delhi; 

4. the Municipal Committee, Delhi- Shahdara; 

5. the Notified Area Committee, Red Fort; 

6. the Municipal Committee, West Delhi; 

7. the South Delhi Municipal Committee; 

8. the Notified Area Committee, Mehrauli. 

29 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE SECOND SCHEDULE 

 [See sections 2(a) and 6 (1)] 

BASIC RENT 

1. In this Schedule, “basic rent” in relation to any premises let out before the 2nd June, 1944, means 
the original rent of such premises referred to in paragraph 2 increased by such percentage of the original 
rent as is specified in paragraph 3 or paragraph 4 or paragraph 5, as the case may be. 

(2) “Original rent”, in relation to premises referred to in paragraph 1, means— 

(a)  where the rent of such premises has been fixed under the New Delhi House Rent Control 

Order, 1939, or the Delhi Rent Control Ordinance, 1944 (25 of 1944), the rent so fixed; or 

(b)  in any other case, — 

(i) the rent at which the premises were let on the 1st November, 1939, or 

(ii) if the premises were not let on that dale, the rent at which they were first let out at any 

time after that date but before the 2nd June, 1944. 

3. Where the premises to which paragraph 2 applies are let out for the purpose of being used as a 
residence or for any of the purposes of a public hospital, an educational institution, a public library or 
reading room or an orphanage, the basic rent of the premises shall be the original rent increased by— 

(a) 12-1/2 per cent. thereof, if the original rent per annum is not more than Rs. 300; 

(b) 15-5/8 per cent. thereof, if the original rent per annum is more than Rs. 300 but not more than 

Rs. 600; 

(c) 18-3/4 per cent. thereof, if the original rent per annum is more than Rs. 600 but not more than 

Rs. 1,200; 

(d) 25 per cent. thereof, if the original rent per annum is more than Rs. 1,200. 

4.  Where  the  premises  to  which  paragraph  2  applies  are  let  out  for  any  purpose  other  than  those 
mentioned in paragraph 3, the basic rent of the premises shall be the original rent increased by twice the 
amount by which it would be increased under paragraph 3, if the premises were let for a purpose mentioned 
in that paragraph. 

5. Where the premises to which paragraph 2 applies are used mainly as a residence and incidentally for 
business or  profession, the  basic  rent  of the  premises  shall  be  the  mean  of  the  rent  as  calculated  under 
paragraphs 3 and 4. 

30 

 
 
 
 
 
 
 
1[THE THIRD SCHEDULE 

[See section 25B(2)] 

Form of summons in a case where recovery of possession of premises is prayed for on the ground of 

bona fide requirement or under section 14A 

To 

(Name, description and place of residence of the tenant.) 

WHEREAS Shri...........................................has filed an application a copy of which is annexed) for 

your eviction from here insert the particulars of the premises) on the ground specified in clause (e) of 

the proviso to sub-section (1) of section 14, or under section 14A; 

You are hereby summoned to appear before the Controller within fifteen days of the service hereof 

and to obtain the leave of the Controller to contest the application for eviction on the ground aforesaid; 

in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen 

days to obtain an order for your eviction from the said premises. 

Leave to appear and contest the application may be obtained on an application to the Controller 

supported by an affidavit as is referred to in sub-section (5) of section 25B. 

Given under my hand and seal.  

This .....................................day of..................................19...................................................... 

Controller] 

____________________ 

1. Ins. by Act 18 of 1976, s. 7 (w.e.f. 1-12-1975). 

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